2.1 General 

There are instances where personal consultation with the applicant can be helpful in advancing the procedure. Such a consultation will preferably be held by videoconference so that, where necessary, documents can be presented, other persons participate and the identity of those attending verified (see C‑VII, 2.2). The shared area in MyEPO Portfolio provides a space for applicants and examiners to upload documents and informally discuss changes (see OJ EPO 2023, A59). Consultations However, consultations can also be held by telephone at the request of the applicant, if the situation so requires.

The consultation may take place at the initiative of either the applicant or the examiner or formalities officer. However, the decision on whether it is to be held is up to the formalities officer or examiner. A consultation request from the applicant should usually be granted unless the nature of the issue to be discussed requires formal proceedings or the examiner believes that no useful purpose would be served by such a discussion. For example, where substantial differences of opinion exist in examination, written procedure or oral proceedings are normally more appropriate.

Typical situations in which the applicant may want a consultation are:

(i)to enquire about a procedural issue such as how to proceed in particular circumstances (note however that the examiner is not normally in charge of formal issues such as extensions of time limits and payment of fees); for enquiries as to the processing of files, see E‑VIII, 7

(ii)where there appears to be an error in the communication or in the applicant's reply making it difficult for them or the examiner to prepare the next reply/communication (e.g. wrong document cited, communication based on wrong set of claims, new submissions referred to but not included). 

Typical situations in which the examiner may consider it appropriate to consult the applicant are:

(iii)where there appears to be confusion about certain points in dispute, e.g. the applicant seems to have misunderstood the examiner's arguments – or vice versa – so that the written procedure is leading nowhere 

(iv)where the application seems to be ready for grant except that the examiner needs to clarify some minor issues with the applicant or would like to discuss a proposal for amendments to overcome the objections raised 

(v)where amendments or corrections requested by the applicant after the Rule 71(3) communication have been submitted but the examiner cannot agree to them.

For consultations in response to the EESR before the application has entered the examination phase, see B‑XI, 8.

Telephone conversations held for the sole purpose of arranging a date for a consultation or oral proceedings do not in and of themselves constitute a consultation within the meaning of this section. Therefore, no minutes need to be prepared (C‑VII, 2.4) unless so required where the applicant agrees to a notice period of less than two months for oral proceedings (E‑III, 6).